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  1. #1
    Join Date
    Sep 2010
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    2

    Default MIP While Driving in Michigan

    My question involves criminal law for the state of: Michigan

    So long story short I was visiting friends at MSU and consumed 2 cups of beer at a party out of a keg and waited 2 hours before driving yet when I got pulled over for speeding leaving MSU, the officer made me blow and I registered a .023 and admitted to drinking 1-2 beers a couple of hours ago. I am 20 years old and 6 months away from being 21. On the ticket it just states "MIP by consumption" but in the notes section it says "driver of vehicle." The ticket does not state what I blew.

    My question is; am I going to be facing any punishments beyond a normal MIP considering I was driving? When I asked the officer he stated all I would have do is pay a fine, but after looking online I am getting worried. This is my first offence other than 2 minor traffic tickets.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: MIP While Driving in Michigan

    You haven't bothered to identify the statute at issue; assuming you're talking about MCL 436.1703, the officer's note is probably to remind himself that you've already received a break by not being charged (presumably) with MCL 257.625(6). But both offenses are crimes, and both carry driver's license sanctions, so it would make sense to talk to a lawyer.
    Quote Quoting MCL 257.625. Operating motor vehicle while intoxicated.
    (6) A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content. As used in this subsection, "any bodily alcohol content" means either of the following:
    (a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

    (b) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.
    * * *
    (7) A person, whether licensed or not, is subject to the following requirements:
    (a) He or she shall not operate a vehicle in violation of subsection (1), (3), (4), (5), or (8) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a crime punishable as follows:
    (i) Except as provided in subparagraph (ii), a person who violates this subdivision is guilty of a misdemeanor and shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
    (A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.

    (B) Community service for not less than 30 days or more than 90 days.
    * * *

    (12) If a person is convicted of violating subsection (6), all of the following apply:
    (a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by 1 or both of the following:
    (i) Community service for not more than 360 hours.

    (ii) A fine of not more than $250.00.
    (b) If the violation occurs within 7 years of 1 or more prior convictions, the person may be sentenced to 1 or more of the following:
    (i) Community service for not more than 60 days.

    (ii) A fine of not more than $500.00.

    (iii) Imprisonment for not more than 93 days.
    * * *

    Quote Quoting MCL 436.1703
    (1) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this section. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions and is not subject to the penalties prescribed in section 909:
    (a) For the first violation a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

    (b) For a violation of this subsection following a prior conviction or juvenile adjudication for a violation of this subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 30 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $200.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

    (c) For a violation of this subsection following 2 or more prior convictions or juvenile adjudications for a violation of this subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially corresponding to this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for not more than 60 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction or juvenile adjudication, a fine of not more than $500.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).
    * * *

    (5) The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating subsection (1) or (2) as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.

    * * *

  3. #3
    Join Date
    Sep 2010
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    2

    Default Re: MIP While Driving in Michigan

    Thank you very much for your response

    On the ticket it states MCL 436.1703 under "MCL cite/pacc code/ordinance" so does this mean I cannot face any of the consequences listed under MCL 257.625(6) since I was not initially charged with that? Also, I was given the ticket in Ionia county if that makes a difference.

    What might the drivers license restrictions be for being charged with 436.1703 only? I see in subsection (5) it states I can get a suspended license if I am convicted of violating (1) and (2) of MCL 257.319 here:

    257.319 Mandatory suspension of license; record of conviction for certain crimes; waiver; restricted license; prior convictions.
    Sec. 319.

    (1) The secretary of state shall immediately suspend a person's license as provided in this section upon receiving a record of the person's conviction for a crime described in this section, whether the conviction is under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state.

    (2) The secretary of state shall suspend the person's license for 1 year for any of the following crimes:

    (a) Fraudulently altering or forging documents pertaining to motor vehicles in violation of section 257.

    (b) A violation of section 413 of the Michigan penal code, 1931 PA 328, MCL 750.413.

    (c) A violation of section 1 of former 1931 PA 214, MCL 752.191, or section 626c.

    (d) A felony in which a motor vehicle was used. As used in this section, "felony in which a motor vehicle was used" means a felony during the commission of which the person convicted operated a motor vehicle and while operating the vehicle presented real or potential harm to persons or property and 1 or more of the following circumstances existed:

    (i) The vehicle was used as an instrument of the felony.

    (ii) The vehicle was used to transport a victim of the felony.

    (iii) The vehicle was used to flee the scene of the felony.

    (iv) The vehicle was necessary for the commission of the felony.

    (e) A violation of section 602a(2) or (3) of this act or section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
    ...But it seems none of these apply to me

    I'm curious about looking into a lawyer, what could he/she do for me in this case?

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: MIP While Driving in Michigan

    I'm not sure what site you're looking at. The statute is here. See subsection (3)(d).

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